TOWN OF OLIVER SEWER CONDITION ASSESSMENT 2019 - CONTRACT DOCUMENTS AND SPECIFICATIONS SET NO.
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TOWN OF OLIVER
SEWER CONDITION ASSESSMENT – 2019
CONTRACT DOCUMENTS AND SPECIFICATIONS
SET NO.
TRUE Consulting
Date: April 2019
Project No. 306-1661-002PLANHOLDER REGISTRATION FORM
Request for Tender No.306-1661-002
TOWN OF OLIVER
SEWER CONDITION ASSESSMENT – 2019
CLOSING DATE AND TIME: WEDNESDAY MAY 15TH @ 2:PM
For any further distributed information about this Request for Tender please
complete this form and e-mail or fax to:
TRUE CONSULTING
201-2079 FALCON ROAD
KAMLOOPS, BC V2C 4J2
Attention: Daniel Grant, P. Eng.
Fax: 250-828-0717
Email: info@true.bc.ca
Company Name:
Address:
Contact
Person:
Contact Contact
Telephone: Fax:
Contact
Email:
Only Proponents completing this form will be issued any addendums and/or
any additional information regarding this tender. It is the sole responsibility
to the Proponent to ensure that the receipt confirmation form has been
received by TRUE Consulting.
____________________________ _________________________
Signature DateTOWN OF OLIVER
SEWER CONDITION ASSESSMENT – 2019
TABLE OF CONTENTS
Pages
LIST OF DRAWINGS
INVITATION TO TENDER
INSTRUCTIONS TO TENDERERS IT 1- 6
TENDER FORM T 1- 6
CONTRACT AGREEMENT C 1- 3
GENERAL CONDITIONS GC 1-25
DIVISION 1 – GENERAL REQUIREMENTS
1A – SPECIAL PROVISIONS
1B – GENERAL SPECIFICATIONS
DIVISION 1 – GENERAL REQUIREMENTS
2O – CCTV INSPECTION OF GRAVITY SEWER MAINS
2P – CLEANING OF GRAVITY SEWERS
LIST OF DRAWINGS
DESIGN DRAWINGS (bound separately)
306-1661-01 Key Plan and Drawing List
306-1661-02 Sanitary Sewer
306-1661-03 Storm SewerINVITATION TO TENDER
TOWN OF OLIVER
SEWER CONDITION ASSESSMENT – 2019
Sealed Tenders clearly marked “SEWER CONDITION ASSESSMENT – 2019” will be received at
the Town of Oliver Office, 6150 Main Street, Oliver, B.C. V0H 1T0 up to 2:00pm local time,
Wednesday, May 15th 2019. Tenders will be opened in public in the Town of Oliver Office at 2:00
p.m. on the tender closing date.
The project comprises the following works and approximate quantities:
• Cleaning and inspection of approximately 10,400m of gravity sanitary sewer mains, between
150mm - 400mm diameter, constructed of PVC or AC or VCT
• Cleaning and inspection of approximately 2,800m of gravity storm sewer mains, between
150mm - 500mm diameter, constructed of PVC or AC or VCT or CSP
• Production of digital reporting of sewer condition (PDF, digital video + photos) to the Nassco
PACP standards
• Flow diversion, traffic control, and root cutting as required
Tender Documents are available electronically on BC Bid. Printed copies are available from the
offices of TRUE Consulting (Kamloops) at a cost of $50, which is non-refundable. A Planholder
Registration Form must be completed and emailed to TRUE Consulting at info@true.bc.ca in order
to receive any addendums and/or additional information regarding this tender. It is the sole
responsibility of the Planholder to ensure that the Registration Form has been received by TRUE
Consulting.
Tenders must be accompanied by the following:
(1) A BID BOND, CASH DEPOSIT, CERTIFIED CHEQUE or IRREVOCABLE LETTER OF CLEAN
CREDIT in the amount of ten percent (10%) of the Tendered Price.
(2) If a Bid Bond is provided, a CONSENT OF SURETY relating to subsequent security
arrangements for PERFORMANCE and LABOUR AND MATERIALS PAYMENT
GUARANTEES.
If the information stipulated above is not enclosed with the Tender at the time of opening, the Tender
will be rejected.
Tenders received after the closing time will be returned unopened.
The lowest or any Tender will not necessarily be accepted.
Engineer Owner
TRUE Consulting Town of Oliver
Ste. 201 - 2079 Falcon Road 6150 Main Street
Kamloops, B.C. V2C 4J2 Oliver, BC V0H 1T0
Phone: (250) 828-0881 Phone: (250) 485-6200
Fax: (250) 828-0717 Fax: (250) 498-2456INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS
Item Page
2.1 SUBMISSION OF TENDER IT-1
2.2 ACCEPTANCE OR REJECTION OF TENDERS IT-1
2.3 INFORMATION CONCERNING TENDERS IT-2
2.4 ADDENDA IT-2
2.5 DISCREPANCIES AND OMISSIONS IT-2
2.6 TENDER GUARANTEE IT-2
2.7 PREVIOUS EXPERIENCE IT-3
2.8 INSURANCE COVERAGE IT-3
2.9 INFORMATION AND SITE VISIT ARRANGEMENTS IT-3
2.10 SUBCONTRACTORS AND EQUIPMENT IT-3
2.11 CANCELLATION OF TENDER IT-3
2.12 AMENDMENT OF TENDERS IT-4
2.13 TENDER SUBMISSION – DISCREPANCIES AND OMISSIONS IT-4INSTRUCTIONS TO TENDERERS
Page IT-1
Project # 306-1661-002
INSTRUCTIONS TO TENDERERS
2.1 SUBMISSION OF TENDER
Sealed Tenders shall be addressed to:
Town of Oliver
6150 Main Street
Oliver, BC
V0H 1T0
Attention: Joseph Trottier
The Tender envelope shall be clearly marked "SEWER CONDITION ASSESSMENT – 2019”.
It is the Tenderer's responsibility to ensure that the Tender is in the hands of the Owner no later
than 2:00 pm, Wednesday, May 15th, 2019.
2.2 ACCEPTANCE OR REJECTION OF TENDERS
The Owner reserves the right to reject any or all Tenders and to waive irregularities and formalities
at his discretion. The lowest Tender will not necessarily be accepted. Without limiting the generality
of the foregoing, any tender may be rejected for any of the following reasons:
• Incomplete Tender;
• Obscured or irregular erasures or corrections in the Tender Form;
• Prices omitted or unbalanced;
• Evidence of inadequate capacity to perform the contract;
• Evidence of previous failure to perform adequately on similar work.
The Owner may accept a Tender by issuing a "Notice of Acceptance".INSTRUCTIONS TO TENDERERS
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2.3 INFORMATION CONCERNING TENDERS
Tenderers shall carefully examine the Contract Documents and the site of the Proposed Work, and
shall fully inform themselves as to all existing conditions and limitations which will affect the
execution of the Contract. No consideration will be given after submission of a Tender to any claim
that there was any misunderstanding with respect to the conditions imposed by the Contract.
Discussions or other oral conversations shall not become a part of the Contract Documents or shall
not modify the Contract Documents unless confirmed by Addenda.
2.4 ADDENDA
If there are to be any changes in the Work, or in the tendering procedures, the Tenderers will be
informed, prior to the close of the period allowed for received Tenders, by means of an Addendum,
a written communication issued by the Owner. All Addenda shall become a part of the Contract
Documents, and receipt of Addenda must be acknowledged by the Tenderer in the Tender.
2.5 DISCREPANCIES AND OMISSIONS
If a Tenderer finds discrepancies in, or omissions from the drawings, specifications, or other
documents or has any doubt as to the meaning or intent of any part thereof, he shall at once inform
the Owner in writing. Any necessary changes, or additions, or further explanations will be made by
the Owner by issuing an Addendum.
2.6 TENDER GUARANTEE
The Tender shall be accompanied by a Certified Cheque, Irrevocable Letter of Clean Credit, cash,
or Bid Bond/Consent of Surety in the amount of ten percent (10%) of the total tendered price issued
in the name of the Town of Oliver.
The obligation of the Tender Guarantee shall be that the Owner issue a “Notice of Tender
Acceptance” or a “Notice of Contract Award” and the Tenderer refuses to sign the Contract
Agreement and/or refuses to provide the specified performance guarantees, then the Tender
Guarantee shall be forfeited to the Owner as liquidated damages.INSTRUCTIONS TO TENDERERS
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Project # 306-1661-002
The security deposited by the unsuccessful Tenderers shall be returned to them upon execution of
the Contract with the successful Tenderer. The successful Tenderer’s Tender deposit shall be
returned upon receipt by the Owner of the Certificates of Insurance, the executed Contract and the
Performance Security.
2.7 PREVIOUS EXPERIENCE
The Tenderer shall complete a statement of previous and existing clients for whom similar contract
work has been undertaken. This statement of previous experience shall be completed on the form
provided and submitted with the Tender.
2.8 INSURANCE COVERAGE
The Tenderer shall provide, within seven (7) days after execution of the Contract Agreement by the
Owner, Certificates of Insurance to cover public liability and property damage and automobiles
owned and non-owned, as outlined in the General Conditions.
2.9 INFORMATION AND SITE VISIT ARRANGEMENTS
Tenderers may examine the project site during regular working hours.
2.10 SUBCONTRACTORS AND EQUIPMENT
The Tenderer must show in the Tender Form the names and business addresses of proposed
subcontractors and the equipment intended to be used, including capacities of each machine. The
words "as required" or similar wording are not a sufficient description.
2.11 CANCELLATION OF TENDER
The Owner reserves the right to withdraw from the Tender process, at any time, even after the close
of Tenders. The Owner shall not be responsible for any costs incurred by any Tenderer for the
preparation of a Tender for this Contract in the event that the Tender Call is cancelled and/or all
Tenders are rejected.INSTRUCTIONS TO TENDERERS
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Project # 306-1661-002
2.12 AMENDMENT OF TENDERS
The tenderer may amend or revoke a tender by giving written notice delivered by hand, mail or fax
to the office referred to in paragraph 2.1 of the Instructions to Tenders, providing the following
conditions are met:
• An amendment or revocation must be received by the Tender Closing Date and Time. An
amendment or revocation that is received after the Tender Closing Date and Time shall not
be considered and shall not affect a tender as submitted.
• An amendment or revocation must be signed by an authorized signatory of the Tenderer,
with the date and project title clearly stated.
• Amendment must clearly state which tender prices or items are being deleted, and which
revised prices or items are being submitted.
• Any amendment that expressly or by inference discloses the Tenderer’s Tender Price
(Contract Sum) or other material element of the tender such that, in the opinion of the Owner,
the confidentiality of the tender is breached, will invalidate that Tenderer’s entire tender.
The Owner assumes no risk or responsibility whatsoever that any fax will be received as required,
and shall not be liable to any Tenderer if for any reason a fax is not properly received.
Should the above conditions not be met, the amendment will be disregarded and the Tender
evaluated as received.
2.13 TENDER SUBMISSION – DISCREPANCIES AND OMISSIONS
At the tender close, the owner or his representative will witness receipt of tender submissions. The
tenders will be checked for general conformance with submission requirements only (i.e. provision
of securities, completed tender form).
Subsequent to the tender close, an audit will be conducted by the owner or his representative to
check individual tenders for completeness and accuracy. Errors and omissions will be dealt with
as follows:INSTRUCTIONS TO TENDERERS
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Project # 306-1661-002
• Omission of prices, obscured or irregular erasures, or corrections of prices in the tender
form (or faxed revisions) which lead to the inability to determine a fixed contract sum will
result in the rejection of the tender. Omission of both a unit price and corresponding
extended total for a tender item will be cause for rejection of the tender.
• If there are any discrepancies in the Schedule of Quantities and Prices between the unit
prices and the extended totals, then the unit prices shall be deemed to be correct and
corresponding corrections will be made to the extended totals.
• If a unit price or extended total has been omitted, the following shall apply:
o If a unit price is given but the corresponding extended total has been omitted, then
the extended total shall be calculated from the unit price and the estimated quantity,
and inserted as the extended total.
o If an extended total is given but the corresponding unit price has been omitted, then
the unit price shall be calculated from the extended total and the estimate quantity,
and inserted as the unit price.TENDER FORM
Page T-1
Project 306-1661-002
TENDER OF:
(hereinafter called "the Tenderer")
TO: Town of Oliver
6150 Main Street
Oliver, BC V0H 1T0
To Whom it May Concern:
In response to the Invitation to Tender, the Tender and Contract Documents, and the site of the
proposed Work have been carefully examined for the
SEWER CONDITION ASSESSMENT – 2019
located
in Oliver, B.C.
The Undersigned offers to provide all necessary labour, equipment, materials and tools to undertake
the Work in accordance with these Contract Documents and Drawings for prices quoted in this
Tender Form. The Tenderer agrees that the Owner will not be responsible for any errors or
omissions on the part of the Tenderer in preparing this Tender.
The undersigned Tenderer agrees and offers as follows:
1. The Tenderer understands that the quantities for items given in the Schedule of Quantities are
approximate and are subject to increase or decrease. The Tenderer offers to undertake the
Work for the Tendered Unit Prices whether the quantities increase or decrease. The Tenderer
agrees that the Tendered Unit Prices are firm and that allowances have been made for
escalation of costs related to materials, labour, labour-related fringe benefits, equipment,
operating costs associated with equipment, etc.
2. If this Tender is accepted within thirty (30) days from the closing date of the Tender, to enter
into a formal Contract and give the specified bonds to secure the performance of the terms and
conditions of the Contract. In the event of this Tender being accepted within thirty (30) days of
the Tender closing date and our failure to enter into a Contract in accordance with the terms of
our tender, our security, limited to the lesser of the face value of the Bid Bond or the difference
between this Tender and the Tender for which the Contract is signed, shall be forfeited to the
Owner, in lieu of any damages to which the Owner may entitled by reason of our failure or
refusal to enter into such Contract.TENDER FORM
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Project 306-1661-002
3. To begin work on the date specified in the "Notice to Proceed" and to execute the work in
such a manner as to complete on or before August 30th, 2019. Should the undersigned fail
to complete the project within this time, then the undersigned will compensate the Owner
for liquidated damages as follows:
a) The Owner’s increased costs for contract administration and inspection duties of the
Engineer (or other professionals as required by the Owner), as well as the Owner’s
own staff costs as caused by such delay, an amount per day or pro rata portion of
each day as follows:
• Engineering and consulting costs, per person = $800
• Owner’s staff costs, per person = $400
and,
b) All direct out of pocket expenses, such as costs for safety, security and equipment
rental, as reasonably incurred by the Owner as a direct result of such delay.
4. The Tender price shall include the Goods and Services Tax at the location shown in the
Tender Form.
5. Rates to be used on unclassified work and to be all-inclusive.
A) Equipment
Type Unit and Model Description All-Inclusive Hourly Rate
Backhoe $
Excavator $
Excavator $
Excavator $
Loader $
Tandem Truck $
Truck and Pup $
$
$
$
$
$
$TENDER FORM
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Project 306-1661-002
B) Labour
Personnel which may be supplied by the Tenderer for use at the site.
Classification by Trade All-Inclusive Hourly Rate
Superintendent $
Foreman $
Surveyor $
Pipe Layer $
Labourer $
Operator $
Others (please specify trade):
$
$
$
$
C) Personnel
Name of Superintendent to be in charge of Project:
Previous Experience on similar work:
Number of workers in work forceTENDER FORM
Page T-4
Project 306-1661-002
6. Supplemental Information
(A) References and Project Experience
Provide, in the tabulation following, a list of comparable projects undertaken within the last
five (5) years:
CONTACT PERSON
PROJECT LOCATION OWNER
Name & Phone No.
(B) Subcontractors
Provide, in the tabulation following, the name of any subcontractor proposed to be utilized
on the project and a description of the component of the work to be subcontracted.
Name and Address of Subcontractor Portion of Work to be SubcontractedTENDER FORM
Page T-5
SCHEDULE OF QUANTITIES
Project #306-1661-002
TOWN OF OLIVER
SEWER CONDITION ASSESSMENT - 2019
SCHEDULE OF QUANTITIES:
Supply and install the following works in accordance with these Contract Documents and Specifications
complete with labour, equipment, materials, compaction, testing, layout, restoration, permits, traffic control,
and incidentals.
ITEM UNIT OF EST. UNIT TOTAL
NO. DESCRIPTION MEASURE. QUANT. PRICE PRICE
1.0 General Requirements
1.1 Mobilization / De-mobiliation LS
1.2 Bypass pumping (OPTIONAL) hr 0
1.3 Root cutting (OPTIONAL) hr 0
1.4 Delivery of complete CCTV Reporting LS
Subtotal 1.0 - General Requirements
2.0 Sanitary Sewer
2.1 Full length, end to end, manhole to manhole sewer
cleaning l.m. 10400
2.2 CCTV Inspection - 150ø - 400ø sewer l.m. 10400
Subtotal 2.0 - Sanitary Sewer
3.0 Storm Sewer
3.1 Full length, end to end, manhole to manhole sewer
cleaning l.m. 2870
3.2 CCTV Inspection - 150ø - 500ø sewer l.m. 2870
Subtotal 3.0 - Storm Sewer
Tender Summary
1.0 General Requirements
2.0 Sanitary Sewer
3.0 Storm Sewer
Subtotal
Provisional Contract Sum (Contingency Allowance) $ 6,500.00
Tender Subtotal (Subtotal and Contingency)
GST (5% of Subtotal and Contingency Allowance)
Total Contract SumTENDER FORM
Page T-6
Project #302-1810
7. Receipt is acknowledged of the following addendum(s) covering revisions to the Contract
Documents.
Addendum No. Dated
Addendum No. Dated
TOTAL CONTRACT PRICE (written)
Name of Corporation, Partnership or Organization
Legal Status Corporation Partnership Sole Ownership
Correct Mailing Address
Phone Fax GST Registration No.
Names and Addresses of Corporation Officers or Members of Organization
Position Name Address
Position Name Address
______________________________ SIGNED BY ____________________________
Signature of Witness
______________________________ POSITION _______________________________
______________________________ DATE _________________________________
Address of Witness
Affix Corporate Seal HereCONTRACT AGREEMENT
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Project # 306-1661-002
CONTRACT AGREEMENT
This Agreement made on the _____ day of _____________________, 2019.
BETWEEN: TOWN OF OLIVER
(hereinafter called the "Owner")
OF THE FIRST PART
AND:
(hereinafter called the "Contractor")
OF THE SECOND PART
WITNESSETH, that the Owner and the Contractor for the consideration hereinafter named, agree
as follows:
1.0 SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials (except as otherwise specified to be
supplied by others) and all of the equipment and labour necessary to perform all of the work shown
on the drawings and described in the specifications for the project entitled:
SEWER CONDITION ASSESSMENT – 2019
which drawings and specifications have been prepared by the Owner, or its duly appointed agent,
acting as, and referred to herein as the "Engineer" all in accordance with the Documents listed in
the "Contracts of the Contract Documents".
2.0 CONFLICTS - See General Conditions - GC-45
3.0 TIME OF COMPLETION
The work to be performed under this Contract shall be commenced within seven (7) calendar days
of Notice to Proceed and shall be completed on or before August 30th, 2019.
It is understood and agreed that time is of the essence of this Agreement and in the event said work
is not completed on or before the date named above for its completion, the Contractor shall pay the
added engineering expense and other costs as liquidated damages to the Owner caused by the
extra time required for the completion of the work. Extra time shall, in all cases, be construed as
the time required for completion after the date named. The amount of such expense shall be
deducted from any monies due the Contractor.CONTRACT AGREEMENT
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Project # 306-1661-002
4.0 THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Contract subject to additions and
deductions provided therein, in current funds at the prices named in the Tender Form attached to
and a part of these Contract Documents.
5.0 PROGRESS PAYMENTS
The Owner shall make payment on account of the Contract as certified by the Engineer and in
accordance with the General Conditions of these documents.CONTRACT AGREEMENT
Page C-3
Project # 306-1661-002
6.0 SIGNATURES
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first
above written.
SIGNED, SEALED AND DELIVERED
in the presence of:
_______________________________ __________________________________ (SEAL)
(Witness) (Party of the First Part)
_______________________________
(Address)
_______________________________
_______________________________ __________________________________ (SEAL)
(Witness) (Party of the Second Part)
_______________________________
(Address)
_______________________________GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE NUMBER ARTICLE PAGE
GC-1.0 DEFINITIONS GC-1
GC-2.0 THE CONTRACT AGREEMENT GC-3
GC-3.0 DRAWINGS AND SPECIFICATIONS GC-3
GC-4.0 STANDARD SPECIFICATIONS GC-3
GC-5.0 THE ENGINEER AND THE CONTRACTOR GC-3
GC-6.0 SUBCONTRACTORS GC-4
GC-7.0 OTHER CONTRACTORS GC-4
GC-8.0 ASSIGNMENT GC-5
GC-9.0 INDEMNITY GC-5
GC-10.0 OWNER’S RIGHT TO DO WORK GC-5
GC-11.0 OWNER’S RIGHT TO TERMINATE THE CONTRACT GC-5
GC-12.0 CONTRACTOR’S RIGHT TO STOP WORK OR
TERMINATE THE CONTRACT GC-6
GC-13.0 MAINTENANCE PERIOD GC-7
GC-14.0 ARBITRATION GC-7
GC-15.0 SCHEDULE GC-8
GC-16.0 DELAYS AND EXTENSION OF TIME GC-8
GC-17.0 CHANGES IN THE WORK GC-9
GC-18.0 PAYMENT GC-10
GC-19.0 FINAL ACCEPTANCE CERTIFICATE GC-12
GC-20.0 INSURANCE GC-13
GC-21.0 GUARANTY BONDS GC-14
GC-22.0 PROTECTION OF WORK AND PROPERTY GC-15
GC-23.0 TAXES AND DUTIES GC-15
GC-24.0 PATENT FEES GC-15
GC-25.0 SURVEYS, PERMITS, AND REGULATIONS GC-16
GC-26.0 REFERENCE POINTS AND LAYOUT GC-16
GC-27.0 COMPLIANCE WITH WORKERS COMPENSATION
ACT AND RELATED REGULATIONS GC-17
GC-28.0 CONDITIONS GC-18
GC-29.0 ACCESS ROADS GC-18
GC-30.0 TOOLS, PLANT AND EQUIPMENT GC-18
GC-31.0 CONTRACTOR’S UNDERSTANDING GC-19
GC-32.0 CONTRACTOR’S RESPONSIBILITIES AND
CONTROLOF THE WORK GC-19
GC-33.0 INSPECTION OF THE WORK GC-19
GC-34.0 SUPERINTENDENCE GC-20
GC-35.0 LABOUR GC-20
GC-36.0 MATERIAL SUPPLIED BY THE CONTRACTOR GC-20
GC-37.0 MATERIAL SUPPLIED BY THE OWNER GC-21
GC-38.0 STORAGE FACILITIES AND USE OF PREMISES GC-22
GC-39.0 SHOP DRAWINGS GC-22
GC-40.0 REJECTED WORK GC-24
GC-41.0 USE OF COMPLETED PORTIONS OF THE WORK GC-24
GC-42.0 SAMPLES GC-24
GC-43.0 CLEANUP AND FINAL CLEANING OF WORK GC-24
GC-44.0 REMEDIES GC-25
GC-45.0 CONFLICTS GC-25
June 2014GENERAL CONDITIONS GC-1
GC-1.0 DEFINITIONS
1.1 The term Contract Documents means:
Contract Forms:
the Tender
the Contract Agreement
the Certificate of Insurance
the Performance Bond
the Labour and Materials Payment Bond;
Conditions of the Contract:
the General Conditions
the Supplementary Conditions;
Specifications;
Addenda;
Contract Drawings;
and any other documents associated with the Contract such as Field Orders and
Change Orders.
1.2 The term Engineer wherever used in these documents shall mean the
representative(s) as may be appointed or authorized by the Owner to act on his
behalf for the purposes of this Contract.
1.3 The term Work wherever used in these documents shall mean the entire Work,
including materials, labour, equipment, transportation, or other facilities or items
ancillary to the foregoing, required to be done, furnished, and performed by the
Contractor to complete the Contract, in accordance with the Contract Documents.
1.4 The term Owner shall mean the Party of the First Part as defined in the Contract
Agreement for whom the Work is being undertaken.
1.5 The term Contractor wherever used in these documents shall mean the second
party to this Contract who has submitted a Tender to perform the Work under this
Contract which has been accepted by the Owner.
1.6 The term Subcontractor wherever used in these documents shall mean a person
neither contracting with nor employed directly by the Owner for doing any of the
Work, but contracting with and being employed directly by the Contractor. A
person, party or company which only supplies or furnishes materials is not a
subcontractor.
1.7 The term Other Contractor wherever used in these documents means any person
or firm or corporation employed by the Owner other than through the Contractor.
1.8 The terms Contract Price, Contract Sum, and Tendered Unit Price are the
amount(s) of the Contract as shown in the Tender Form and in the Contract
Agreement.GENERAL CONDITIONS GC-2
GC-1.0 DEFINITIONS (Cont’d)
1.9 Certificates:
i) A Progress Payment Certificate and/or Progress Payment is a certificate or
document prepared and issued by the Engineer on which progress payments to
the Contractor are based.
ii) A Substantial Completion Certificate is a certificate or document prepared by
the Engineer and signed by the Owner which certifies that a minimum of ninety-
eight percent (98%) of the Work is complete and that the Work may be used by
the Owner for the purposes intended.
iii) A Construction Completion Certificate is a certificate issued by the Engineer
and signed by the Owner upon full completion of the Work, including cleanup
and rectification of all deficiencies.
iv) A Final Acceptance Certificate is a certificate prepared by the Engineer and
signed by the Owner within thirty (30) days following the expiry of the
maintenance period. A Final Acceptance Certificate is issued provided that all
conditions of the Contract are met.
1.10 Correspondence:
i) The term on receipt of written notice means the date of delivery of
correspondence to the Contractor, if delivered by hand, or the date of delivery of
the postal courier or other delivery service.
ii) The term Notice of Contract Award is a written notice from the Owner or the
Engineer advising the Contractor of the Owner’s acceptance of his Tender for
the Work.
iii) The term Notice to Proceed is written correspondence to the Contractor from
the Owner or the Engineer which advises the Contractor that Work may
commence.
iv) A Field Order or Field Memo is written communication from the Engineer to the
Contractor requesting changes in the Work, clarifying the Contract Documents,
issuing instructions or requesting information.
v) A Change Order is a written communication issued by the Engineer setting forth
the authorized amount which is to be paid to the Contractor for the changes in
the Work covered by a Field order, or the authorized amount which is to be
deducted from the Contract Price as a credit on account of the changes in the
Work covered by a Field Order.
1.11 The term Maintenance Period or Guarantee Period is the period of time
beginning on the date specified in the Substantial Completion Certificate during
which the Contractor is responsible for repairing or correcting deficiencies in the
Work.
1.12 The term Completion Date is the date by which Work covered by these Contract
Drawings shall be completed.GENERAL CONDITIONS GC-3
GC-2.0 THE CONTRACT AGREEMENT
2.1 The Contract Agreement shall be signed in triplicate by the Owner and the
Contractor.
GC-3.0 DRAWINGS AND SPECIFICATIONS
3.1 The Owner will furnish to the Contractor five (5) sets of Contract Documents
including Drawings.
3.2 A set of Contract Documents is to be kept at the site of the Work for reference by
the Engineer, the Owner, or other regulatory agencies.
3.3 All drawings, specifications and copies thereof furnished by the Engineer are his
property. They shall not be used on other work and, with the exception of the
signed Contract Document set, are to be returned to the Engineer on request, upon
completion of the Work.
GC-4.0 STANDARD SPECIFICATIONS
4.1 Standard Specifications referred to in these Contract Documents are prepared or
compiled by agencies or organizations such as CSA, ASTM, and AWWA.
Clarification of the intent of these Standard Specifications may be obtained from the
Engineer. Whenever referred to, the current edition at the date of the Invitation to
Tender shall apply.
GC-5.0 THE ENGINEER AND THE CONTRACTOR
5.1 The Contractor shall have complete control of his own organization, and the
carrying out of the Work, and the method of carrying out the Work.
5.2 The Engineer’s efforts shall be directed towards reviewing construction progress,
providing interpretation of the Contract Documents and ensuring the Work is
carried out expeditiously.
5.3 The Engineer does not guarantee the Contractor’s work nor undertake to check the
quality and quantity of work on behalf of the Contractor. The Engineer is not
responsible to the Contractor for discovering defects in the Work nor for advising
the Contractor of defects in the Work.
5.4 The Engineer is, in the first instance, the interpreter of the Contract and the judge of
its performance.
5.5 Should the Contractor dispute any decision of the Engineer, the dispute shall be
referred to Arbitration in accordance with these General Conditions.
5.6 The Contractor shall notify the Engineer in writing within five (5) days if, in the
Contractor’s opinion, a decision by the Engineer is in error and not a correct
interpretation of the Contract.GENERAL CONDITIONS GC-4
GC-5.0 THE ENGINEER AND THE CONTRACTOR (continued)
5.7 If the dispute between the Contractor and the Engineer cannot be resolved and the
Engineer decides that the disputed work shall be carried out, the Contractor shall
act according to the Engineer’s written decision. Any question of change in the
Contract Price or extension of time for completion, due to such dispute, shall be
decided by Arbitration in accordance with these General Conditions.
5.8 Nothing contained in the Contract Documents shall create any contractual
obligation between the Engineer and the Contractor.
GC-6.0 SUBCONTRACTORS
6.1 The Contractor shall preserve and protect the rights of the Owner with respect to
any Work performed under the Contractor and shall:
a. require Subcontractors to perform Work in accordance with and subject to
the terms and conditions of the Contract Documents; and
b. be as fully responsible to the Owner for acts and omissions of
Subcontractors and of persons directly or indirectly employed by them as for
acts and omissions of persons directly employed by the Contractor.
6.2 All Subcontractors shall comply with the provisions of the Workers’ Compensation
Act. Confirmation of Workers’ Compensation Act coverage for Subcontractors
may be requested by the Engineer from the Contractor.
6.3 The Contractor shall employ those Subcontractors proposed in the Tender Form,
and accepted by the Owner, for such portions of the Work as may be designated.
6.4 Nothing contained in the Contract Documents shall create any contractual
obligation between any Subcontractor and the Owner.
GC-7.0 OTHER CONTRACTORS
7.1 The Owner reserves the right to let other contracts related to the Work.
7.2 The Owner and/or the Engineer shall coordinate the work of Other Contractors
insofar as it affects the Work of this Contract.
7.3 The Contractor shall coordinate his work with that of Other Contractors and tie into
Works constructed by others as specified or shown in the Contract Documents.
7.4 The Contractor shall report to the Engineer any apparent deficiencies in Other
Contractors’ work which would affect the Work of this Contract as soon as they
come to his attention and shall confirm such report in writing. Failure by the
Contractor to so report shall invalidate any claims against the Owner by reason of
the deficiencies of Other Contractors’ work except as to those of which the
Contractor could not reasonably be aware.GENERAL CONDITIONS GC-5
GC-8.0 ASSIGNMENT
9.1 Neither Party to the Contract shall assign the Contract or any portion thereof, nor
any monies due to either Party, without the written consent of the other.
GC-9.0 INDEMNITY
9.1 The Contractor shall indemnify and save harmless the Owner, from and against all
losses and all claims, actions, and judgments brought against him or the Owner by
reason of any act or omission of the Contractor, his agents, or employees, in the
execution of the Work, which shall include protecting the Work and protecting the
public from the hazard arising out of the Work.
GC-10.0 OWNER’S RIGHT TO DO WORK
10.1 Should the Contractor fail or neglect to execute the Work in accordance with these
Contract Documents by:
i. refusing or failing to supply proper workmanship, materials, or construction
equipment,
or
ii. refusing or failing to rectify deficiencies identified in Field Memos;
then the Engineer may notify the Contractor in writing that he is in default of his
contractual obligations and instruct him to correct the default within five (5) working
days.
10.2 Where the default cannot be corrected in the five (5) working days referred to in
10.1, the Contractor shall be considered to be in compliance if he commences with
the corrective measures and submits a schedule for resolving the defaults which is
acceptable to the Owner.
10.3 If the Contractor fails to comply with the provisions 10.1 and 10.2, the Owner may,
without prejudice to any other right or remedy he may have, correct such default
and may deduct the cost thereof from the payment then or thereafter due the
Contractor, provided however that the Engineer shall, in the first instance,
determine that both the corrective action and the amount subsequently charged to
the Contractor are reasonable.
GC-11.0 OWNER’S RIGHT TO TERMINATE THE CONTRACT
11.1 If the Contractor should:
a. be adjudged bankrupt, or make a general assignment for the benefit of
creditors, or if a receiver is appointed on account of his insolvency, or
b. fail to make sufficient payments due to his subcontractors, or suppliers, or
c. disregard laws or bylaws, or the Engineer’s instructions, orGENERAL CONDITIONS GC-6
GC-11.0 OWNER’S RIGHT TO TERMINATE THE CONTRACT (continued)
d. abandon the Work, or fail to adhere to the Work Schedule to such an extent
that there is danger of failing to meet Completion Dates, or
e. otherwise violate the fundamental conditions of the Contract,
the Owner shall, by written notice, instruct the Contractor to correct the default
within five (5) working days. If the default is not corrected within five (5) working
days, then the Owner may, without prejudice to any other right or remedy he may
have, terminate the Contract.
11.2 If the Owner terminates the Contract under the conditions set out above, and if the
performance guarantee is unconditional, the Owner shall be entitled to:
a. take possession of the premises and products and finish the Work by whatever
method he may deem expedient but without undue delay or expense;
b. withhold any further payments to the Contractor until the Work is finished;
c. upon completion of the Work, determine the full cost of finishing the Work as
certified by the Engineer, including compensation to the Engineer for his
additional services and a reasonable allowance as determined by the Engineer
to cover the cost of any corrections required under the maintenance period, and
charge the Contractor the amount by which the full cost exceeds the unpaid
balance of the Contract Price; or if such cost of finishing the Work is less than
the unpaid balance of the Contract Price, pay the Contractor the difference.
d. on expiry of the maintenance period, charge the Contractor the cost of
corrections.
e. If the performance guarantee is in the form of a Performance Bond, the
provisions of this General Condition shall be exercised in accordance with the
conditions of such Performance Bond. In that event the Surety shall perform
the Contract in accordance with all of its conditions including adherence to the
Completion Dates in the Contract Agreement.
GC-12.0 CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE THE
CONTRACT
12.1 If the Owner should be adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of his insolvency, the
Contractor may, without prejudice to any other right or remedy he may have, by
giving the Owner five (5) days written notice, hold the Owner in default.
12.2 If the Work should be stopped or otherwise delayed for a period of ninety (90) days
or more under an order of any Court, or other public authority, and provided that
such order was not issued as the result of any act or fault of the Contractor or of
anyone directly or indirectly employed by him, the Contractor may, without prejudice
to any other right of remedy he may have, by giving the Owner written notice, hold
the Owner in default.GENERAL CONDITIONS GC-7
GC-12.0 CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE THE
CONTRACT (continued)
12.3 The Contractor may notify the Owner in writing, with a copy to the Engineer, that
the Owner is in default of his contractual obligations if the Owner, subject to
requirements of these General Conditions, fails to pay to the Contractor when due,
any amount certified by the Engineer.
Such written notice shall advise the Owner that if such default is not corrected
within fifteen (15) calendar days from the receipt of the written notice the Contractor
may, without prejudice to any other right or remedy he may have, stop the Work
and terminate the Contract for fundamental breach.
12.4 If the Contractor terminates the Contract under the conditions set out above, he
shall be paid for all work performed and for any loss sustained upon products and
construction machinery and equipment, with reasonable profit.
GC-13.0 MAINTENANCE PERIOD
13.1 The Maintenance or Guarantee Period shall begin on the date specified in the
Substantial Completion Certificate and is for a period of at least one (1) year.
13.2 The Contractor shall correct, at his own expense, any defects in the Work due to
faulty products or workmanship appearing within the Maintenance Period.
13.3 The Owner shall notify the Contractor promptly of such defects. If the Contractor
does not cause repairs to be made within ten (10) days after such notice, the
Owner shall have the right to purchase materials and employ men to execute said
repairs, and the cost of the same shall be the responsibility of the Contractor or his
Surety.
13.4 Where repairs must be made immediately by reason of an emergency existing or
otherwise, the Owner shall have the right to undertake such repairs and charge the
cost of the work to the Contractor, except that the Owner shall immediately notify
the Contractor and shall withdraw from the work of repair if and as soon as the
Contractor’s forces are ready to start work.
13.5 The Contractor shall be responsible for all costs including the cost of engineering
required for investigation of any repair of defects in his work.
13.6 At least one month prior to expiry of the Maintenance Period, the Owner shall
advise the Contractor of defects which the Contractor is required to remedy, under
the Contract, and the Contractor shall promptly remedy such defects.
GC-14.0 ARBITRATION
14.1 In the event of a dispute between the Owner and the Contractor in relation to the
stipulations and provisions of this Contract, or to the manner and performance of
the whole or any part of the Contract by either of the parties, the matter may be
submitted to Arbitration as provided for by the “Arbitration Act” of the Province
where the Work is situated.GENERAL CONDITIONS GC-8
GC-14.0 ARBITRATION (continued)
14.2 Either party initiating action under the Arbitration provisions shall give written notice
to the other party.
14.3 The Contractor shall not cause a delay of the Work while the Arbitration
proceedings are pending or in progress.
GC-15.0 SCHEDULE
15.1 The Contractor shall submit, prior to the commencement of the Work, to the
Engineer, a Work Schedule which shall show the order in which the Contractor
proposes to carry out the Work, and estimated dates of completion of each
component. The Work Schedule shall be updated by the Contractor as requested
by the Engineer.
15.2 If, in the opinion of the Engineer, any Work Schedule submitted is inadequate to
secure the completion of the work as specified, or is otherwise not in accordance
with the specifications, the Engineer shall have the right to request a revised
schedule.
GC-16.0 DELAYS AND EXTENSION OF TIME
16.1 If the Contractor is delayed in the performance of the Work by;
i) labour disputes, strikes, and/or lock-outs beyond his control;
ii) fire, or transportation problems beyond his control;
iii) other unusual event beyond his control;
then the Completion Date shall be extended for a time period equal to the time lost
due to these factors. No extension of Completion Date will be made unless the
Contractor makes the appropriate request within seven (7) days of the event
occurring.
16.2 The factors described in 16.1 shall not be the basis of extra cost claims by the
Contractor.
16.3 If the Contractor is delayed in the performance of the Work by failure of the Owner
to make decisions respecting the Work, late delivery of materials furnished by the
Owner, or acts or omissions of the Owner, the Contractor shall be compensated for
any additional costs thereby incurred, and the Completion Date shall be changed.
The amount of the compensation and the extent of change in Completion Date shall
be determined by the Engineer.
16.4 If the Contractor is delayed in the performance of the Work by a Stop Work Order
issued by a Court or other public authority, and provided that such Order was not
issued as a result of any act or fault of the Contractor, or of anyone employed by
him directly or indirectly, then the Contractor shall be entitled to claim compensationGENERAL CONDITIONS GC-9
GC-16.0 DELAYS AND EXTENSION OF TIME (continued)
for additional costs thereby incurred, and the Completion Date shall be changed.
The amount of compensation and the extent of change in Completion Date shall be
determined by the Engineer.
GC-17.0 CHANGES IN THE WORK
17.1 The Owner may, as the need arises, order changes in the Work through additions,
deletions, modifications, or variations without invalidating the Contract and without
notice to the Contractor’s surety. The value, if any, of such changes shall be taken
into account in ascertaining the amount of the Contract Sum. All such Work shall
be executed under the conditions of the Contract supplemented where necessary
for varying conditions.
17.2 No extra Work, or change, shall be made unless in pursuance of a written Field
Memorandum or a letter request, and no change in the Contract Sum shall be valid
without an Extra Work Order.
17.3 The value of any additional Work or change shall be determined in the following
manner for either an increase or decrease in the Work:
i) by Unit Prices named in the Contract;
ii) as for “Extra Work” where Unit Prices have not been tendered.
17.4
1. When there is an increase or decrease in the Work not covered by Contract
Unit Prices, it shall be known as “Extra Work”. The value of such Work may be
determined by the following:
i) On the basis of Personnel and Equipment Rates included on the Tender
Form.
ii) Labour rates not included on the Tender Form will be determined on the
basis of actual costs to the Contractor of the labour including additional
payroll costs covering Workers’ Compensation, Unemployment
Insurance, Holiday Pay, Statutory Holidays, Public Liability and Property
Damage Insurance and such other payroll costs as may be mandatory
according to the laws of the Province in which the Work is being carried
out, plus twenty percent (20%) to cover the use of tools, office expense,
overhead and Contractor’s profit. The services of superintendents, time-
keepers, and the like shall be deemed to be included in overhead.
iii) By Agreement on a Lump Sum or other basis between the Owner and
the Contractor.
iv) In the absence of submitted equipment rates on the Tender Forms, the
current Provincial Government Ministry of Transportation and Highways
approved rates shall apply. For equipment which has to be brought in
for the specific purpose, transportation costs will be paid. A piece ofGENERAL CONDITIONS GC-10
GC-17.0 CHANGES IN THE WORK (continued)
equipment shall mean a unit complete including operator, fuel, grease
and maintenance, and such costs as are normal to an operating unit.
Rental shall be paid for actual hours of work only.
v) Supplies and materials will be paid for at invoiced cost plus twenty
percent (20%) for overhead and profit.
2. When an “Extra Work” order involves work by a Subcontractor, the payment for
materials and services shall be similar to that for the Contractor. The
Contractor shall be entitled to a fee of ten percent (10%) for general
supervision.
3. Each day on which Extra Work is being done, the Engineer shall, after
consultation with the Contractor, complete a force account statement in
triplicate indicating the man hours, equipment rental hours and materials used
on the Extra Work. Each copy shall be signed by the Engineer and Contractor;
with one copy being returned to the Contractor, the second copy used in
calculating the actual cost of the Extra Work and the third copy being submitted
to the Owner. Extra Work claims not submitted on the day of the Work taking
place may not be validated.
4. Extra Work shall be done during normal working hours unless otherwise
requested by the Engineer.
5. The Performance Bond shall be extended to cover Extra Work and the
guarantee period shall apply to this Work.
17.5 Claims for Extra Work
If the Contractor claims that any instruction by Drawings or otherwise involves extra
cost under this Contract, he shall give the Engineer written notice thereof
immediately, and he shall then follow the Engineer’s instructions regarding
proceeding with the Work in question. No such claim shall be valid unless so
made. If the Contractor’s claim is approved, the procedure shall be as provided for
under GC-17.0.
GC-18.0 PAYMENT
18.1 Payment for materials, labour and equipment shall be as set forth in the Contract
Documents, and the Engineer, in cooperation with the Contractor, will calculate all
progress payments and prepare Certificates for approval and payment by the Owner.
Where Unit Prices apply, payment will be calculated on the basis of the Tendered
Prices and Units of Work completed, as determined by the Engineer. Where a Lump
Sum Price applies, payment will be calculated on the basis of the Engineer’s estimated
percentage of Work completed. Extra Work payments will be added to the monthly
progress payments.GENERAL CONDITIONS GC-11
GC-18.0 PAYMENT (continued)
th
The Owner shall, on or about the twentieth (20 ) day of each month, make payment on
account of the Contract to the extent of ninety percent (90%) of the value of the labour
and materials incorporated into the Work, up to the last day of the previous payment
period. The Owner will retain the balance of ten percent (10%) of the value of the
Work done in compliance with the requirements of the Builders’ Lien Act. The monthly
estimates shall not bind the Owner in any manner in the preparation of the final
estimate of the Work done, but shall be construed and held to be approximate only,
and shall in no case be taken as an acceptance of the Work or as a release of the
Contractor from his responsibility thereof.
18.2 Payment Delays
The Owner may withhold or, on account of subsequently discovered evidence, nullify
the whole or a part of any Progress Payment Certificate to such an extent as may be
necessary to protect himself from loss on account of the following:
a) The Contractor not making satisfactory progress in the opinion of the Engineer;
b) Defective Work not remedied;
c) Claims filed or reasonable evidence indicating probable filing of claims;
d) Failure of the Contractor to make payment properly to Subcontractors or for
material or for labour;
e) Damage to another utility or Contractor.
When the above grounds are removed, payments shall be made for amounts withheld
because of them.
18.3 Substantial Completion Certificate
Upon receipt of a written notice from the Contractor stating that the Work is
substantially complete and ready for inspection (accompanied by a list of the known
deficiencies), the Engineer shall promptly make the required inspection, and when he
finds the Work to be at least ninety-eight percent (98%) complete and available for the
use that it was intended for, then he shall issue a “Substantial Completion Certificate”
to the Contractor. This Certificate shall state that the Work provided for under the
Contract has been substantially completed, and that the Work may be used for the
purpose for which it was intended. Should the Work not be deemed as substantially
complete by the Engineer, then a written notice will be given to the Contractor stating
the deficiency corrections required for substantial completion.
18.4 Construction Completion Certificate
Upon completion of all project related work items, the Contractor shall notify the
Engineer in writing that the project is one hundred percent (100%) completed and
request a Construction Completion Certificate for the project. Upon a satisfactory
inspection of the Works, the Engineer shall prepare and forward a Construction
Completion Certificate to the Owner and to the local approving agencies, for their
acceptance of the project and signature on the noted Certificate. The project
Maintenance Period will begin on the date of issuance of the Substantial
Completion Certificate.GENERAL CONDITIONS GC-12
GC-18.0 PAYMENT (continued)
18.5 Final Progress Payment and Builders’ Lien Holdback
The final progress payment shall be made after the issuance of the Construction
Completion Certificate and in accordance with Paragraph 17.1, and the Contractor
has filed with the Engineer, a statement that he agrees with the final quantities as
presented and that all claims and demands for Extra Work or otherwise under or in
connection with this Contract have been presented and approved for payment, thus
establishing the amount of the final payment.
The ten percent (10%) Builders’ Lien Holdback payment shall be made after the
following conditions have been met:
a. A Construction Completion Certificate has been issued.
b. A Statutory Declaration has been filed with the Engineer by the Contractor
certifying that all materials, labour and sub-contract claims incurred, directly or
indirectly on account of the Works, have been fully paid by the Contractor and
that no lien exists against the premises or materials mentioned herein, for work
done or materials furnished in respect of anything done under or by virtue of this
Agreement. The declaration shall be filed fifty-five (55) days after the date of
issuance of a Substantial Completion Certificate.
c. A statement has been filed with the Engineer from the Workers’ Compensation
Board certifying that all assessments due by the Contractor have been paid.
d. The Contractor has provided the Engineer with all required invoices, project
diaries and required reports.
e. Sufficient deficiency holdbacks have been retained equal to twice the
Engineer’s estimate of the value of the Works remaining. Part or all of the
Builders’ Lien Holdback may be retained as a deficiency holdback until such
time that the remaining Works have been completed and accepted.
18.6 The Engineer’s inspection upon completion of the Work and issuance of the
Construction Completion Certificate or Final Payment and Builders’ Lien Holdback
release do not constitute a waiver of the Guarantee period, nor shall they or
attendant acts of the Engineer or the Owner prejudice their rights under any
requirement of the Contract, or relieve the Contractor of any of his responsibilities
thereunder.
GC-19.0 FINAL ACCEPTANCE CERTIFICATE
19.1 Upon the expiration of the one (1) year maintenance period and the successful
completion of tests and satisfactory performance under operating conditions
meeting the performance warranty or the requirements of maintenance, as the case
may be, the Owner or the Engineer on his behalf shall accept the Works
whereupon the Final Acceptance Certificate shall be issued.GENERAL CONDITIONS GC-13
GC-19.0 FINAL ACCEPTANCE CERTIFICATE (continued)
19.2 The issuance of the Final Certificate shall not release the Contractor from
responsibility for latent defects in his work or materials for which the Contractor may
in future be found liable in a Court of Law or otherwise.
GC-20.0 INSURANCE
20.1 Liability
The Contractor shall save and hold harmless the Owner and the Engineer from and
against all and any suits or claims alleging damage or injury (including death) to any
person or property that may occur or that may be alleged to have occurred, in the
course of the performance of this Contract, whether such claim shall be made by an
employee of the Contractor, or by a third person and whether or not it shall be
claimed that the alleged damage or injury (including death) was caused through the
negligent act or omission of the Contractor, its officers, servants, agents or
employees or a willful or negligent act or omission of any of its Subcontractors or
any of their officers, servants, agents or employees: and at its own expense, the
Contractor shall defend any and all such actions and pay all legal charges, costs
and other expense arising therefrom.
20.2 Contractor’s Insurance
The Contractor shall maintain and keep in force during the term of the Contract and
until the date of the Completion Certificate, the following insurance:
“All Risk” insurance in the joint names of the Owner and the Contractor, in a
form and by an insurance company satisfactory to the Owner, for the work and
all material, plant, fuel, machinery, tools and equipment acquired, possessed or
provided by the Contractor for incorporation into the Work, whether or not such
material, plant, fuel, machinery, tools and equipment are brought to or from the
Work or upon land of the Owner, in an amount equal to one hundred percent
(100%) of the total value of the materials and equipment and work.
Maintain Public Liability and Property Damage insurance in the amount
specified in the Special Provisions of this Contract.
The Contractor shall, at the time the Contract Agreement is signed, submit to the
Engineer two (2) copies of the insurance policies required under this Article and
shall also provide to the Engineer from time to time, as may be required,
satisfactory proof that such policies are still in force and effect.
All insurance companies or policies must be acceptable to and approved by the
Owner. Under no circumstances shall the policy be altered in any manner which
would affect the interest of the Owner, without thirty (30) days written notice by
registered mail to the Owner. When changes in the Contract are sufficient to
require insurance additions, the Contractor shall notify the insurance companies
and the surety. In the event of the Owner using the completed Works prior to the
Construction Completion Certificate, any increase in the cost of insurance arising
out of this use shall be at the Owner’s expense.GENERAL CONDITIONS GC-14
GC-20.0 INSURANCE (continued)
20.3 Insurance Coverage Limits
The Contractor shall, at his sole expense, maintain in effect at all times during the
performance of his obligations hereunder, insurance coverages with limits not less
than those set forth as follows, with insurers and under forms of policies satisfactory
to the Engineer. Prior to commencing this Contract, the Contractor shall furnish the
Engineer with Certificates of Insurance as evidence that policies providing such
coverages and limits of insurance are in full force and effect, which Certificates
shall provide that not less than thirty (30) days advance notice be given in writing to
the Engineer prior to cancellation, termination or alteration of said policies of
insurance. Such Certificates and Notices shall be sent directly to the Engineer’s
authorized representative as specified elsewhere in the Contract.
Coverage Minimum Amounts and
Limits
a) Workers’ Compensation Statutory Limits
b) Owned Automobile Liability covering bodily
injury (including death) and property $5,000,000 inclusive
damage.
c) Non-owned Automobile Liability covering
bodily injury (including death) and property
damage. $5,000,000 inclusive
d) “All Risk” Contractor Insurance Contract Sum
e) Comprehensive Contractor’s Liability
Insurance to cover bodily injury, property
damage and personal injury. This policy of
insurance shall be endorsed to include the
interests of the Owner, and his Engineers as
principals during the performance of this
Contract. $5,000,000 inclusive
GC-21.0 GUARANTY BONDS
21.1 Prior to the signing of the Contract Agreement, the Contractor shall furnish a
Performance Bond, and a Labour and Materials Payment Bond in accordance with
Article 4 of the Contract Agreement. The Performance Bond shall cover the faithful
performance of the Contract including the corrections after completion as provided
for in Article 19 of these General Conditions, and the payment of all obligations
arising under the Contract, in such form as the Engineer may prescribe. The form
of the performance bond shall be “SAC Performance Bond 2012” as prepared by
the Surety Association of Canada. The Owner reserves the right to approve or
reject any surety company.You can also read
